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Ukraine

Ukraine has embarked on a wide-ranging process of reform. Much of the region’s future stability depends on success in this 45-million strong, former Soviet republic. The momentum is there to overcome a legacy of bureaucratic stagnation, arbitrariness and corruption. But efforts to complete the transition to a modern, prosperous state must contend with a crippling economic crisis and the persistence of conflict in the east of the country. As of 2015, IDLO is working at both the national and regional level to facilitate justice sector reform and promote integrity.

We particularly focus on criminal justice reforms, which are critical to strengthening of the rule of law and democratic institutions in Ukraine. Our work is aligned with Ukraine’s own laws and policies – chiefly the National Justice Sector Reform Strategy, the amended Law on the Public Prosecutor’s Office and the Deregulation Strategy – as well as with Ukraine’s international obligations on combatting corruption.

Despite the positive momentum from Ukraine’s justice sector reforms, there has been a lack of court judgments in top corruption cases, underscoring the need for greater institutional transparency and independence in the process of prosecution. As corruption cases often involve complex financial schemes with elements of money-laundering, there is a strong need to delegate them to a specialized court. Ukraine’s High Anti-Corruption Court, once operational, will be limited in its jurisdiction to the corruption cases investigated by the National Anti-Corruption Bureau.

A resolution adopted by the Ukrainian government in May 2018, drafted with support from IDLO, is paving the way for a national legal framework that will underpin an innovative e-governance system connecting all electronic public registers across the country.

Through its decentralization and anti-corruption efforts, the Government of Ukraine is attempting to improve and extend the application of e-governance, or digital, tools in public administration based on international best practices. Over 100 existing registries and databases managed by various state institutions lack interoperability and do not allow for smooth exchanges of data between each other.

Kyiv, October 24, 2017 - The Director-General of the International Development Law Organization (IDLO), Irene Khan, will visit Ukraine from October 25 to 27, 2017 to meet representatives of the Government of Ukraine and other key stakeholders in the rule of law sector to discuss IDLO’s work and explore areas of potential future collaboration.

The most advanced yet Public Service Center has opened in Ukraine’s second-largest city Kharkiv, currently providing over 400 administrative and social services through the one-stop-shop concept that has previously proven successful in Odessa and Mariupol.

For decades, the public sector in Ukraine had been considered deeply corrupt and oftentimes, dysfunctional. Nepotism was an accepted source of both employment and promotion. Applying for and receiving administrative services was usually an exhausting and intimidating experience that could only be avoided through paying bribes.

In response, IDLO has continued to support decentralization and anti-corruption in Ukraine through the establishment of new Public Service Centers (PSCs).

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Key Initiatives

Despite the positive momentum from Ukraine’s justice sector reforms, there has been a lack of court judgments in top corruption cases, underscoring the need for greater institutional transparency and independence in the process of prosecution. As corruption cases often involve complex financial schemes with elements of money-laundering, there is a strong need to delegate them to a specialized court. Ukraine’s High Anti-Corruption Court, once operational, will be limited in its jurisdiction to the corruption cases investigated by the National Anti-Corruption Bureau.

Through its decentralization and anti-corruption efforts, the Government of Ukraine is attempting to improve and extend the application of e-governance, or digital, tools in public administration based on international best practices. Over 100 existing registries and databases managed by various state institutions lack interoperability and do not allow for smooth exchanges of data between each other.

Since the Maidan Revolution of 2013-2014, Ukraine has worked to reform the judiciary, including the judgement enforcement system for commercial matters. As in many transition countries, non-enforcement of commercial court decisions in Ukraine remains a key problem, affecting not only investor confidence, but also the functioning of the entire judiciary.

Civil society in Ukraine is well organized and able to exert considerable influence, especially since the Maidan Revolution. It is widely agreed that targeted support for civil society organizations (CSOs) can amplify the success of reforms that strengthen the rule of law and eliminate corruption. With this is mind, we are working to empower CSOs to monitor and engage with the current reform processes in public administration, rule of law and justice sectors.

While acknowledging the importance of national reform efforts, our program in Ukraine emphasizes and assists regional reform initiatives. We are helping develop and implement the reform agenda launched in Odessa, in an effort to position the Black Sea region as Ukraine’s de facto anti-corruption capital.

In Ukraine, as in most post-Soviet states, the role of the Public Prosecutor is oversized in relation to the Judiciary and the rest of the legal community. The institution is historically prone to abuse of power and corruption, and skewed towards protecting the interests of the state over those of society or the individual. Regard for human rights is scant; fair trial standards are rarely applied. As a consequence, public dissatisfaction is rife. Current political will to change the system has opened up an opportunity for meaningful reform.